@elvisfranks2804 We are of similar minds on the first part of your post, but what I quoted is part of why I made the thread. I had the same or similar questions regarding things I'd read about this rule.
The part I get confused about and wish someone would explain is the claim that if you go for the free SBR stamp you have to keep the gun as it was submitted.
I read and heard the same regarding this new rule prior to making this thread and was really looking for clarification on that. What I read was not so much that the caliber or barrel lengths couldn't be changed, but that the brace could never be changed and a few people also construing it to mean calibers and barrels as well. It has always been acepted practice that one can change caliber and barrel lengths (staying legal) on any AR pistol, rifle, or SBR. Even the ATF has said in the past that calibers and barrel lengths can be swapped around on SBRs, they would appreaciate notification but it is not required. I've even seen a few claims that people were told by the ATF to stop reporting changes to caliber and barrel length because it was unnecesary and created extra workload. Something along the lines of perminant changes are required to be updated, but due to the modularity of an AR no change is considered to be perminant and there is no requirement in the NFA requiring updates to configuration.
I finally found an answer straight from the horses mouth on the braces. Essentially the
FAQ on the
ATF page says that once registered you can change to a stock and modify how you like. That if you change the length to notify the NFA, but it's also been stated elsewhere that notification is not actually required by the NFA.
Also I see it posted I would not be able to put it in a trust unless it already is in a trust.
To register it as an SBR belonging to the trust, it must be in possession of the trust when the final rule is published. They are going to require "evidence" that the pistol was a possession of the trust at that time. There is not a good explination of what the evidence is. this is supposedly what the site says about the evidence:
"This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust."
The terms of my trust are the main trust document and it is notarized. It is written such that it does not include or use a trust schedule, it uses assignment of property forms. Those assignment of property forms are not required to be notorized, they never have been with previous form 1 filings, and it specifically says not required on the form. As such when items were added to the trust in years past they would not have been notarized. In regards to the trust, there is no other paperwork required to make something a possession of the trust.
I sent in to my gun trust lawer yesterday asking their opinion about this evidence. Likely due to the excessive inqueries regarding to this rule, they have not yet replied. If I don;t hear somethin in the next day or two I'll be calling.
If it is not in the trust before the publishing of the final rule, it can still be added to the trust it just won't be free. One option would be to register it in your name for free during this amnesty period, then pay the $200 stamp to transfer it into the trust through a form 4. Another option would be to first ditch the brace and keep it as a pistol, next "give" the pistol to the trust, then the trust can file a form 1 and pay the $200 making tax to register it as an SBR.
Why would it be in a trust if it was not a SBR / or have a suppressor pinned? Does that mean after I die no one can legally own it?
Lots of reasons. Many of them dealing with the law. Also for some of the same reasons that one would want it for NFA items. I like the idea that if it is already established what will happen to items in the trust if something happens to me.
If something happens and I get perminently incapacitated or die, with the trust I get to say exactly where what possessions in the trust will go. They are protected from having anyone fight over them or contesting a will. They are in a trust with the destination established. If that happens and the remaining trust members decide to change things, then it's on them. Since I don't have kids everything is currently set to fo to my father. When my neice (and/or nephew if I get one) gets a little older and shows interest in firearms, she will be added as the sole benefactor. With at established should anything happen to me everything will go to her and the other trust members will have to keep those items for her until she becomes of legal age to possess them.
Or lets look at a legal side. Lets say I get an angry ex that decides to leverage red flag laws against me. Unfortunately those laws are grounds for confiscation even if it is supposed to be temporary. I don't feel comfortable with a stranger taking possession of my guns until everything gets cleared up, never know what might get misplaced and you'd have little recourse if that happened or they were used and abused suring that time. With the trust I may be separated from my firearms for a period, but since they would have to be placed in the care of other trust members I know that they are safe and being cared for. Not that any of that is likely to happen since I don't date, but these days you don't have to touch a person to be accused being a rapist or abusive lover. Accuzation is all it takes to trigger those laws and I almost thing the taint of the accuzation is worse than the punishment for guilt.
You don;t have to have a trust to pass an SBR or other NFA item on to a loved one, it's just that they wouldn't be able to take immediate possession of those items. If they are a member of the trust containing the item they can take possession immediately upon your death. If there is not trust or they are not in the trust they cannot take possession until they go through the necessary steps with the ATF to possess, essentially a form 4 transfer. In the interim the NFA item would need to be stored with someone that can legally possess that item, be it a trust member or an intermediary. I wouldn't start a trust for the purpose of holding non-NFA items, but if you have it already it can make sense. I already had trust for NFA items when all the red flag and brace stuff started getting blown up a few years ago, so it made sense.
